KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAD, THIRUVANANTHAPURAM

FA.422/2008

JUDGMENT DATED: 18.1.2010

PRESENT

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

SRI.M.K.ABDULLA SONA                   : MEMBER

The Proprietor,                                : APPELLANT

Cheruvathur Petroleum Agency,

H.P.Dealer, Matiayi, Cheruvathur.

(By Adv.P.Balakrishnan)

            vs.

Abdul Majeed,

S/o T.P.Abdulla, residing at

Fathima Villa,

Orimukku, Kaithakkad.P.O.,

Cheruvathur.

(By Adv.Madavoor.V.Mohan & K.S.Vijayakumar)

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

The appellant is the opposite party in CC.43/06 in the file of CDRF Kasargode.  The appellant is under orders to pay a sum of Rs.13000/- and cost of Rs.2000/-.

2. The case of the complainant is that his Maruti Swift car taken to the petrol pump of the opposite party and that they filled it with diesel instead of petrol.  The vehicle stopped on the way and had to be taken to the authorized service station by towing and pay a sum of  Rs.5500/- as repairing charges, Rs.2000/- for towing the car and another Rs.1000/- for fueling the car. A sum of Rs. 30,000 is claimed as damages.

3. The opposite party/appellant had filed version totally denying the allegations.  It is suggested that vehicle might have stopped on the way due to mechanical defect.

4. The evidence adduced consisted of Ext.A1 to A5 and the proof affidavits of the complainant and the opposite party.

5. The Forum has relied on the documents produced ie, Ext.A1 cash memo issued by the opposite party which would show that the fuel filled is diesel of 10.85 liters.  But it is also noted that the word diesel has been scored off and the value of petrol at the rate of Rs.46.75/- has been collected.  Exts.A2 and A3 are the bills of repairs dated 26.11.07.  The alleged incident is dated 24.11.2007.  On a perusal of the order we find that there is no illegality in the order of the Forum.  The amount of compensation allowed is only reasonable. 

In the circumstances the order of the Forum is sustained and appeal is dismissed.

JUSTICE SRI.K.R.UDAYABHANU    : PRESIDENT

SRI.M.K.ABDULLA SONA           : MEMBER

PS